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Corrective Justice and Liability for Misstatements

HOGGARD, NICHOLAS,WELLESLEY (2019) Corrective Justice and Liability for Misstatements. Doctoral thesis, Durham University.

PDF (Negligent Misstatement (Final)) - Accepted Version


Negligent misstatement isn't about the creation or recognition of a new right to information per se. Instead, the law of misstatements allows us better to enjoy our existing rights and to make better decisions with respect to them. Currently, the dominant manifestation of liability for negligent misstatements is predicated on an assumption of responsibility by the defendant (whether actual or implied). Those skeptical of the rights-based thesis are, perhaps not surprisingly, similarly skeptical of the assumption of responsibility model. As such, this model has become something of a shibboleth in misstatement theory between rights-based theorists and others. This thesis crosses party lines. While adhering to corrective justice, it denies that an assumption of responsibility by the defendant is the touchstone of liability for negligent misstatements. Indeed, there is nothing particularly distinct about misstatement liability as against normal liability in negligence predicated on proximity and foreseeability of harm. Further, this thesis argues that corrective justice is not only consistent with such a reading of the law, but necessitates it. Recognising a right means paying heed to its congeners. If we are to take rights seriously, then we must eschew reasoning — such as the assumption of responsibility thesis — that at once submerges real, extant rights while at the same time promoting a `right' that is diffuse, ill-defined, and with little basis in law.

Item Type:Thesis (Doctoral)
Award:Doctor of Philosophy
Keywords:Negligence; Negligent Misstatement; Corrective Justice; Duty of Care; Tort; Rights; Private Law; Taxonomy; Pure Economic Loss; Hedley Byrne; Misrepresentation; Articulated Unity
Faculty and Department:Faculty of Social Sciences and Health > Law, Department of
Thesis Date:2019
Copyright:Copyright of this thesis is held by the author
Deposited On:04 Jun 2019 14:06

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